| 英文摘要 |
As one of the EU’s most important reforms after the global financial crisis of 2008, the Single Resolution Mechanism (SRM) which highlights the Europeanization of banking resolution in the 28 EU Member States became fully operational on 1 January 2016. In order to break the too-big-to-fail narrative in the banking sector, the EU applies a bail-in principle for banking resolutions. The objectives of SRM are to ensure banking discipline, market function, and financial stability; also, to avoid imposing costs on taxpayers, increasing banking moral hazard and regulatory arbitrage. The SRM is one of the core pillars of the EU’s banking union and is expect to be a critical accomplishment of the European Monetary Union and in the resolution of the European debt crisis. If so, the SRM will significantly impact EU institutions, Member States, the banking sector, and International financial rules. Based on a legal-study approach, the paper examines the following key issues concerning the SRM: its background, theoretical doctrine, legal framework, single resolution body, single resolution fund, recovery and resolution plan, bail-in principle, resolution tools, practical operations, international cooperation, etc. It also discusses the meaning and implications of the SRM, and compares the mechanism with relevant laws and policies in Taiwan. Finally, it offers some suggestions for future banking resolution reforms in Taiwan.
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